The courts have ruled in favor of Caixa Geral de Depósitos (CGD) in two lawsuits filed by the Sindicato dos Trabalhadores das Empresas do grupo CGD (STEC) concerning the calculation of justified absences due to a family member’s death.
The issue centered on the interpretation of Article 251 of the Labor Code, which specifies the days an employee is entitled to for mourning. The STEC argued that only business days should be counted, whereas CGD has consistently included consecutive calendar days, including weekends and holidays.
In the case brought before the Labor Court, CGD was initially acquitted by the Labor Court of Lisbon, then by the Lisbon Court of Appeal, and finally by the Supreme Court of Justice (STJ).
This last ruling, dated June 25, confirmed that “the term ‘consecutive days’ in Article 251 of the Labor Code should be interpreted as consecutive calendar days, regardless of whether they are business days, workdays, or rest days.”
This decision is not subject to appeal.
In the lawsuit filed by the union in the administrative courts, the Lisbon Administrative Court initially ruled in favor of the STEC. However, CGD appealed, and the Central Administrative Court South upheld the appeal, overturning the initial decision.
The STEC then appealed to the Supreme Administrative Court (STA), but the appeal was not admitted, rendering the decision final, in a ruling dated July 16.
“The decision, referring to very recent STJ jurisprudence, conclusively determines that the correct interpretation of the rule is to consider consecutive days, given the literal wording of Article 251 of the CT [Labor Code],” the ruling stated.
Thus, it continues, “there is no basis for admitting the appeal for this Supreme Court to rule on the correct interpretation of Article 251 of the Labor Code since the issue is not new, and the wording of the rule is clear.”
